1,721,103 research outputs found
Multicultural citizenship: a more viable framework for minority rights?
No full textBook synopsis: In the 1990s inter-ethnic conflicts threaten the stability of many states. As a result the issue of minority rights has become an urgent concern for international lawyers. Minority and Group Rights in the New Millennium examines the way in which existing international law and human rights instruments protect the rights of minorities. In addition the essays in this volume address current debates on the fundamental issue of defining a minority, the complex arguments for expanding existing definitions and the legitimacy of claims by specific groups to qualify for minority status
Russia and Human Rights: Incompatible Opposites?
No full textThe Article raises in his article “Russia and human rights: incompatible opposites?” the question, if the currently complicated relations between Russia and the CoE concerning Russia’s obligations under the ECHR are at breaking-point. In regard to this issue he gives a description of the history of law in Russia to prove the pre-existing tradition of argument about human rights
Global law and human rights: Marxist reflections. How can a political account of human rights avoid Eurocentrism?
No full textMy recent book The Degradation of the International Legal Order? attempts a political account of human rights, and engages with the work of China Miéville and Susan Marks, as well as the extraordinary opus of Alain Badiou. The book has been well received. Sympathetic reviews by Robert Knox and Upendra Baxi have levelled a number of constructive criticisms, and this paper seeks both to grapple with the issues raised and to take the project forward. What is at stake is the concretisation of a thoroughly materialist, properly communist historicisation of human rights, as a contribution to contemporary struggles. In particular, is this project in any sense necessarily Eurocentric
Marx, Lenin and Pashukanis on self-determination: response to Robert Knox
No full textThis response to Robert Knox’s very kind and constructive review1 of my 2008 book The
Degradation of the International Legal Order?: The Rehabilitation of Law and the Possibility of
Politics gives me the opportunity not only to answer some of his criticisms, but also, on the basis
of my own reflections since 2008, to fill in some gaps. Indeed, to revise a number of my
arguments. First, I restate my attempt at a materialist account of human rights. Next I explain
why, for me, the right of peoples to self-determination is absolutely central to a materialist
understanding of human rights; and also fill a serious gap in my own account in the book. This
leads me not only to a reply to Robert Knox on the question of ‘indeterminacy’ in international
law, but also to a disagreement with him on the use or misuse of the language of self-determination.
My fourth section returns to our very different evaluations of the significance and meaning of
the work of Yevgeny Pashukanis, and what, for me, is Pashukanis’s misunderstanding, for
reasons consistent with his general theoretical trajectory, of Marx and Lenin on the Irish
question. Finally, I present an outline of a re-evaluation of Marx’s principled position on
self-determination
Russia and Human Rights: Incompatible Opposites?
No full textThe author raises in his article “Russia and Human Rights: Incompatible Opposites?” the question, if the currently complicated relations between Russia and the CoE concerning Russia's obligations under the ECHR are at breaking-point. In regard to this issue he gives a description of the history of law in Russia to prove the pre-existing tradition of argument about human rights
The Russian Federation, protocol no. 14 (and 14 bis), and the battle for the soul of the ECHR
No full textWith a focus on the Russian Federation, this article examines the adoption by the Council of Europe of Protocol No.14 to the European Convention on Human Rights (ECHR), and its long-delayed coming into force. The author starts with the question of the original object and purpose of the Council, and how they have now changed. This leads to an analysis of the nature of the crisis – a crisis of success – now faced by the ECHR system, and the reform process which started, on the 50th anniversary of the ECHR, in 2000. After describing Protocol No.14 itself, and the discussion which has surrounded it, the article turns to the central issue. This is not the question of procedural reform, or even admissibility criteria, but what lies behind – the “soul” of the ECHR system. Should the Strasbourg Court remain a court which renders “individual justice”, albeit only for a handful of applicants and with long delays; or should it make become a court which renders “constitutional justice”? The article focuses on the specific problems faced by Russia in its relations with the Council of Europe; and an analysis of the lengthy refusal by the Russian State Duma to ratify Protocol No. 14. The author concludes with an attempted prognosis
The Russian Federation, Protocol No. 14 (and 14bis), and the Battle for the Soul of the ECHR
No full textWith a focus on the Russian Federation, this article examines the adoption by the Council of Europe of Protocol No. 14 to the European Convention on Human Rights (ECHR), and its long-delayed coming into force. The author starts with the question of the original object and purpose of the Council, and how they have now changed. This leads to an analysis of the nature of the crisis – a crisis of success – now faced by the ECHR system, and the reform process which started, on the 50th anniversary of the ECHR, in 2000. After describing Protocol No. 14 itself, and the discussion which has surrounded it, the article turns to the central issue. This is not the question of procedural reform, or even admissibility criteria, but what lies behind – the "soul" of the ECHR system. Should the Strasbourg Court remain a court which renders "individual justice", albeit only for a handful of applicants and with long delays; or should it make become a court which renders "constitutional justice"? The article focuses on the specific problems faced by Russia in its relations with the Council of Europe; and an analysis of the lengthy refusal by the Russian State Duma to ratify Protocol No. 14. The author concludes with an attempted prognosis
Criticising judges in Russia
No full textBook synopsis: This title was first published in 2000: In a collection of essays from selected European jurisdictions, the author assesses the legal situation of the offences associated with the criticism of judges and judicial activity. Presenting a comparative study of the management of controversial and often conflicting demands between freedom of expression and the independence of the judiciary, this book reflects on a Europe increasingly characterized by legal harmonization and the attempts to find common and acceptable standards in a field full of uncertainties. A unique work, it provides previously undisclosed insights into the widening debate relating to freedom of expression in a democratic society and the impact of judicial activity. It will be a valuable doctrinal and practical text for researchers and practitioners in the field of human rights and freedom of expression, particularly as these areas relate to the judicial sphere
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